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90_SB1068
15 ILCS 335/14B from Ch. 124, par. 34B
Amends the Illinois Identification Card Act. Provides
that if the individual producing an identification card has
been in business for more than 10 years on the effective date
of this amendatory Act of 1997 the card shall be no smaller
than 2 11/16 inches by 1 11/16 inches.
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1 AN ACT to amend the Illinois Identification Act by
2 changing Section 14B.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Identification Card Act is
6 amended by changing Section 14B as follows:
7 (15 ILCS 335/14B) (from Ch. 124, par. 34B)
8 Sec. 14B. Fraudulent identification card.
9 (a) As used in this Section:
10 1. "A fraudulent identification card" means any
11 identification card which purports to be an official
12 identification card for which a computerized number and
13 file have not been created by the Secretary of State, the
14 United States Government or any state or political
15 subdivision thereof, or any governmental or
16 quasi-governmental organization. For the purpose of this
17 paragraph, any identification card which resembles an
18 official identification card in either size, color,
19 photograph location, or design or uses the word
20 "official", "state", "Illinois", or the name of any other
21 state or political subdivision thereof, or any
22 governmental or quasi-governmental organization
23 individually or in any combination thereof to describe or
24 modify the term "identification card" or "I.D. card"
25 anywhere on the card, or uses a shape in the likeness of
26 Illinois or any other state on the photograph side of the
27 card, is deemed to be a fraudulent identification card
28 unless the words "This is not an official Identification
29 Card", appear prominently upon it in black colored
30 lettering in 12 point type on the photograph side of the
31 card, and no such card shall be smaller in size than 3
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1 inches by 4 inches, and the photograph shall be on the
2 left side of the card only. Provided, however, that if
3 the individual producing the identification card has been
4 in business for more than 10 years on the effective date
5 of this amendatory Act of 1997, the card shall be no
6 smaller in size than 2 11/16 inches by 1 11/16 inches.
7 2. "A license-making implement" means any implement
8 specially designed or primarily used in the manufacture,
9 assembly or authentication of any identification card
10 issued by the Secretary of State, the United States
11 Government, the State of Illinois or any other state or
12 political subdivision of the state, or any governmental
13 or quasi-governmental organization. Such implements
14 include, but are not limited to, cameras used for
15 creating identification card photographs, camera cards,
16 or identification card laminates.
17 (b) It is a violation of this Section for any person:
18 1. To knowingly possess, display, or cause to be
19 displayed any fraudulent identification card;
20 2. To knowingly possess, display or cause to be
21 displayed any fraudulent identification card for the
22 purpose of obtaining any account, credit, credit card or
23 debit card from a bank, financial institution or retail
24 mercantile establishment.
25 3. To knowingly possess any fraudulent
26 identification card with the intent to commit a theft,
27 deception or credit or debit card fraud in violation of
28 any law of this State or any law of any other
29 jurisdiction;
30 4. To knowingly possess any fraudulent
31 identification card with the intent to commit any other
32 violation of any law of this State or any law of any
33 other jurisdiction for which a sentence to a term of
34 imprisonment in a penitentiary for one year or more is
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1 provided;
2 5. To knowingly possess any fraudulent
3 identification card while in unauthorized possession of
4 any document, instrument or device capable of defrauding
5 another;
6 6. To knowingly possess any fraudulent
7 identification card with the intent to use the
8 identification card to acquire any other identification
9 document;
10 7. To knowingly possess without authority any
11 license-making implement;
12 8. To knowingly possess any stolen identification
13 card making implement;
14 9. To knowingly duplicate, manufacture, sell or
15 transfer any fraudulent identification card;
16 10. To advertise or distribute any information or
17 materials that promote the selling, giving, or furnishing
18 of a fraudulent identification card.
19 (c) Sentence.
20 1. Any person convicted of a violation of paragraph
21 1 of subsection (b) of this Section shall be guilty of a
22 Class 4 felony and shall be sentenced to a minimum fine
23 of $500 or 50 hours of community service, preferably at
24 an alcohol abuse prevention program, if available.
25 2. Any person convicted of a violation of any of
26 paragraphs 2 through 9 of subsection (b) of this Section
27 shall be guilty of a Class 4 felony. A person convicted
28 of a second or subsequent violation shall be guilty of a
29 Class 3 felony.
30 3. Any person who violates paragraph 10 of
31 subsection (b) of this Section is guilty of a Class A
32 misdemeanor.
33 (d) This Section does not prohibit any lawfully
34 authorized investigative, protective, law enforcement or
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1 other activity of any agency of the United States, State of
2 Illinois or any other state or political subdivision thereof.
3 (e) The Secretary of State may request the Attorney
4 General to seek a restraining order in the circuit court
5 against any person who violates paragraph 10 of subsection
6 (b) of this Section by advertising fraudulent identification
7 cards.
8 (Source: P.A. 88-210; 89-283, eff. 1-1-96.)